Pledge Your Body for Your Bread: Welfare, Drug Testing, and the Inferior Fourth Amendment

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are gaining increasingly substantial political support, suggesting that the enactment of drug testing legislation is now a real and immediate prospect. Given the gravity of the suspicionless searches at issue, the proposals raise serious concerns under conventional Fourth Amendment doctrine. Nevertheless, there is considerable doubt whether the federal courts will accede to that authority and prohibit the proposed intrusions, given the long tradition of relegating the privacy rights of the poor to inferior and indifferent enforcement. This Article explores these legislative developments and the constitutional context within which they arise, and makes the case for using the impending battle over suspicionless drug testing to reclaim for the indigent the full reach of the Fourth Amendment’s privacy right

A Fourth Amendment for the Poor Alone: Subconstitutional Status and the Myth of the Inviolate Home

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the wake of federal welfare-reform legislation. As a precondition to public assistance, some jurisdictions now require that all applicants submit to a suspicionless home search by law-enforcement investigators seeking evidence of welfare fraud. In turning back challenges to these intrusions, contemporary courts have significantly curtailed the protections of the Fourth Amendment as applied to the poor. While the courts that sanction these practices disclaim any sort of poverty-based classification underlying their analysis, no other rationale withstands scrutiny. Neither precedent nor the principled extension of existing doctrine justifies recent outcomes or explains why the holdings should not be applied to authorize a vast - and, thus, unacceptable - expansion of suspicionless search practices directed at the homes of the less destitute. The developing jurisprudence accordingly represents an implicit concession that the poor constitute a subconstitutional class for purposes of the Fourth Amendment. Framed most charitably, the decisions understand poverty as a condition of moral culpability and thus accept it as a surrogate for the individualized suspicion that otherwise would be required to justify the intrusions at issue. The premise of the dissolute poor, tracing back centuries, remains alive and well in American law, and we have a bifurcated Fourth Amendment to prove its enduring vitality

The letters of Charlotte Mary Yonge (1823-1901) edited by Charlotte Mitchell, Ellen Jordan and Helen Schinske.

Charlotte Yonge is one of the most influential and important of Victorian women writers; but study of her work has been handicapped by a tendency to patronise both her and her writing, by the vast number of her publications and by a shortage of information about her professional career. Scholars have had to depend mainly on the work of her first biographer, a loyal disciple, a situation which has long been felt to be unsatisfactory. We hope that this edition of her correspondence will provide for the first time a substantial foundation of facts for the study of her fiction, her historical and educational writing and her journalism, and help to illuminate her biography and also her significance in the cultural and religious history of the Victorian age

A Variational Perspective on Accelerated Methods in Optimization

Accelerated gradient methods play a central role in optimization, achieving optimal rates in many settings. While many generalizations and extensions of Nesterov's original acceleration method have been proposed, it is not yet clear what is the natural scope of the acceleration concept. In this paper, we study accelerated methods from a continuous-time perspective. We show that there is a Lagrangian functional that we call the \emph{Bregman Lagrangian} which generates a large class of accelerated methods in continuous time, including (but not limited to) accelerated gradient descent, its non-Euclidean extension, and accelerated higher-order gradient methods. We show that the continuous-time limit of all of these methods correspond to traveling the same curve in spacetime at different speeds. From this perspective, Nesterov's technique and many of its generalizations can be viewed as a systematic way to go from the continuous-time curves generated by the Bregman Lagrangian to a family of discrete-time accelerated algorithms.Comment: 38 pages. Subsumes an earlier working draft arXiv:1509.0361

Experimental Violation of Two-Party Leggett-Garg Inequalities with Semi-weak Measurements

We generalize the derivation of Leggett-Garg inequalities to systematically treat a larger class of experimental situations by allowing multi-particle correlations, invasive detection, and ambiguous detector results. Furthermore, we show how many such inequalities may be tested simultaneously with a single setup. As a proof of principle, we violate several such two-particle inequalities with data obtained from a polarization-entangled biphoton state and a semi-weak polarization measurement based on Fresnel reflection. We also point out a non- trivial connection between specific two-party Leggett-Garg inequality violations and convex sums of strange weak values.Comment: 4 pages, 6 figure